KDHE will not be sending the new regulations out to providers. Providers and anyone working in your daycare will need to be able to provide a paper copy or be able to pull up the regulations online. Find the regulations to print here. I've also provided links on almost every heading that will take you to the new regulations.

  • ·      Should go live within the next week --This is live now.
  • ·      Anyone/anywhere can search for your daycare. Currently, the default listing is only name and license number.  If a provider chooses to,  she/he could request that an address and phone number is listed. *I will not be listing my phone number or address because anyone could look up this information.
  • ·      All licensed providers/centers will be listed in the system. You cannot opt out of having your name and license number listed.
  • ·      The information in the system will be from the last 3 years.
  • ·      Complaints—even if no violations were found—will be listed.
  • ·      New complaints will not be listed until the complaint is closed.
  • ·      The training requirements will not have to be met until 2-3-13, but your NOSF will show that your surveyor consulted you about needing to complete the required trainings. This consultation will be listed in the online system.

  • ·      If a currently licensed provider moves to another county or changes his/her program type, he/she needs to have a new orientation that is KDHE approved.
  • ·      All providers are required to provide orientation pertaining to his/her own home. Areas to go over should be: supervision plan, safe sleep policy, health & safety practices, confidentiality, and anything else that the provider deems necessary. (Documentation showing that an orientation was given should be kept in the substitute/employee’s file. Must be in compliance with this by May 2012.
  • ·      Some counties provided orientations for registered providers separate from licensed providers. If your county did this and you were formally registered, you will need to attend a licensed orientation. *SG county combined registered and licensed, so anyone in SG county should be fine.
  • ·      Providers should be able to provide the month/day/year of their orientation. *They said that providers who have been doing care for many, many years shouldn’t have to attend another orientation unless they switch types or move counties.

  • ·      Providers who are currently licensed have until 2-3-13 to meet the new training requirements. The required trainings include: First Aid/CPR, signs of abuse and neglect, Safe Sleep, Basic Child Development.
  • ·      If your county formerly offered a signs and systems of abuse class, the class will need to be retaken if the class did not cover head trauma. *SG county classes that were previously offered do not count and will need to be taken again.
  • ·      SIDS/Safe Sleep classes must be KDHE approved. If you took SIDS/Safe Sleep at one of the trainings days that KDHE provided in 2010, the class will count for the SIDS/Safe Sleep requirement. *I attended a Safe Sleep class at the SG County health department. That class would count for me.
  • ·      Pediatric/First Aid and Infant/Child CPR class certifications must be kept current. *The card for pediatric first aid may night say that it covered pediatric first aid, but that is ok as long as you can tell your surveyor that it was covered. The CPR card must say Infant/Child on it.
  • ·      Resources for KDHE approved classes: KSCL online, Child Care Aware, Child Start, your local referral/resource agency
  • ·      Each year, the annual 5 hours must be KDHE approved. The classes provided by the food program do count for annual hours.

What if I switch to group or add a new substitute?
  • ·      If switching license types or adding a new substitute/employee, the new person will not have until 2-3-12 to meet the training requirements. All new substitutes will have only 30 days to meet the training requirements.

  • ·      All cribs used in a daycare must have a sticker dated after 6-28-11.

  • ·      Unused formula/breastmilk in a bottle that an infant did not finish cannot be stored in a refrigerator. It must be discarded.
  • ·      Formula/Breast milk cannot be heated in a microwave
  • ·      Must be in compliance with this by May 2012.

  • ·      They get phone calls from upset parents asking if it is okay that a provider won’t take non-potty trained children or won’t take children under 2, etc. If you have personal policies, KDHE says to put them in your handbook/policies. *KDHE cannot mandate what we charge or if we choose not to take non-potty trained children. They just have parents who call to complain.
  •  Bagging up soiled clothing (potty-training accident, etc) is something KDHE supports because the provider is following the regulations. [Parents apparently call about this a lot.] *This section doesn't really concern the new regulations, but KDHE spoke about this.

  • ·      It seems like common sense, but all children should be given water if they request it. They should not be told that it isn’t time for water/drink time yet.
  • ·      Must be in compliance with this by May 2012.

(Providers do not have to have a substitute listed if they chose to close instead of have a sub come in for them.)
  • ·      In a temporary absence (must be less than 3 hours per day), a substitute must meet these three requirements:

o   First Aid/CPR certifications remain current
o   Safe Sleep/SIDS class
o   Orientation provided by the home provider
  • ·      In an extended absence (more than 3 hours per day), a substitute must have the same new trainings as the provider:

o   First Aid/CPR certifications remain current
o   Safe Sleep/SIDS class
o   Orientation provided by the home provider
o   Child Abuse/Neglect and Head Trauma
o   Basic Child Development

  • ·      Play areas now have to meet “use zone” requirements. If you pull your swing it either direction, you should have 1 in of clear space for every foot that the swing is extended in front or behind the swing. The space in front of the slide must be clear as well. (I think this is the way to explain it. My surveyor just went out to the playset and held the swing back to make sure enough space was met.)  *KDHE cannot regulate the depth of the approved surface under the play area. They can cite a violation if any bare spots are showing.
  • ·      Manicured grass is not allowed under anchored play equipment. Approved surfaces are listed in the regulations. Sand is included as an approved surface. Landscaping mulch is not.
  • ·      If you have moveable play equipment, ie Little Tykes toys, they do not have to be on top of approved ground cover. They should be on the grass or a mat should be under them to protect the children.
  • ·      Trampolines must remain inaccessible to children in care but do not have to be in a separate fenced area. They should be as far removed from the play area as possible. Steps must be removed, enclosure zipped, and all children (even the provider’s are not allowed on the trampoline during daycare hours).
  • ·      Must be in compliance with this by May 2012.
  • ·      As of March 1, 2012, all new licensees must have an outdoor play area. 

  • ·      They expanded the guns/weapons information. Even items such as bb guns, air guns, fishing knives should be locked away.
  • ·      Guns and ammunition must be locked in separate containers. Even if they are in the same gun safe, the ammunition must be in a separate locked box.
  • ·      Must be in compliance with this by May 2012.

  • ·      No blanks should be on the forms. Write no or N/A if needed.

  • ·      Accordion gates are absolutely not allowed in daycare at all anymore. EVER.
  • ·      At the top of the stairs, the baby gate needs to be one which is mounted on one side of the wall.
  • ·      At the bottom of stairs, a pressure gate may be used, but not an accordion.
  • ·      Must be in compliance with this by May 2012 

  • ·      Written, posted, and documented that the provider shared the supervision plan with parents. Plans would likely go something like “Our main play area is… This is how I supervise them in this area…” or “Our kitchen is here…This is how I supervise…”
  • ·      I would recommend running your supervision plan by your surveyor before reviewing it and posting it.
  • ·      Must be in compliance with this by May 2012 

  • ·      If the weather does not permit outside play, 1 hour of physical activity must still be met. This can include dancing, jumping, etc.
  • ·      If a child isn’t a napper, he/she must be given a quiet activity during nap time.
  • ·      If showing a movie/tv show(G rated), children cannot be forced to watch it. If they do not watch, they need to be given an alternate activity.
  • ·      Must be in compliance with this by May 2012. 

  • ·      A blanket (even a lightweight one) is not advised for infants under 12months. Swaddling is not allowed unless a doctor’s note is given and the provider gets an exception. *The regs state that a lightweight blanket could be used, but KDHE is saying no blankets. The regulation does say that sleepers or sleep sacks are okay.
  • ·      Must be in compliance with this by May 2012.

  • ·      Children/Staff should wash their hands after handling pets. The regulations go into further detail about handwashing.
  • ·      Must be in compliance with this by May 2012
  •     Milk for ages 2 and older must be 1% or fat free unless a doctor's note says otherwise. *Our presenter kept saying 1%, but it can be 1% or lesser fat, ie skim milk.

  • ·      All new regulations except for the training requirements must be met by May 2012.
  • ·      The training requirements must be met by 2-3-13.
  • ·      All complaints, NOSF forms, and any consultations (including those made about not yet meeting the training requirements) will be listed in the online system for anyone to see. *Example: I renew in October. If I haven’t met all the training requirements (even though I have until 2-3-13) before my annual survey, a consultation is written on my NOSF. Potential parents will be able to see that. Hopefully they will understand that a consultation is not a bad thing in this situation.
  • ·      Blankets are not to be used with infants.
  • ·      Play areas must have approved ground cover.
  • ·      Accordion gates are never to be used in daycare.

These are the clarifications that we received today from KDHE. If you have questions specific to your situation, you should email your surveyor. This information does not go into all of the new regulations, but it touches on most of them. Please refer to the regulations and email KDHE if you need specifics. If your county/area provided a training that goes more into detail or covered a different regulation more in depth, please email me at daycaredeals@gmail.com or leave a comment. I would love to share more information if possible. This is what I was told.


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